Friday, August 28, 2009

Physicians sue over White House's enemies list

Association of American Physicians and Surgeons found itself the target of a hate-mail campaign after the White House asked supporters to report on even mere "casualconversations" Obamacare dissenters. As US News reports, they have decided to sue:

In a complaint filed Thursday in U.S. District Court, the Association of American Physicians and Surgeons and the Coalition for Urban Renewal and Education said the White House had attempted to "unlawfully" collect information on protected political speech when it asked Obamacare supporters to report any negative comments about the proposal to a U.S. governmentemail address, flag@whitehouse.gov.

The specific effort, which was launched on August 4 as part of the White House's "rapid response" Health Insurance Reform Reality Check, was quickly abandoned after members of Congress raised questions about it. Nevertheless, say the two groups filing suit, the information collection effort continues under another name and is part of an "unlawful pattern and practice to collect and maintain information" on the exercise of free speech, which "continues in violation of the Privacy Act and First Amendment even if the Defendants terminate a particular information-collection component due to negative publicity."

"My hate mail started shortly after the White House issued the 'fishy' request," said Kathryn Serkes, AAPS' Director of Policy and Public Affairs. "We were quite visible and vocal before then, so it doesn't seem like a coincidence. Who did they share their data with? With whom might they share it?"

They are suing because, according to their complaint (PDF), the Privacy Act prohibits the government from collecting information on how individuals exercise their first amendment rights

Outside of "authorized law enforcement activities," the Privacy Act prohibits agencies (including EOP) from maintaining records describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the relevant individual(s). 5 U.S.C. Â§552a(e)(7).